Molhad Singh vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.103 of 2022, registered with Police Station Pathri, District Haridwar for the offence under Sections 147, 148, 149, 323, 325, 504 & 506 IPC.

Heard Mr. Pranav Singh, the learned counsel for the petitioner and Mr. V.S. Rathore, the learned AGA for the State.

During the arguments, the learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Pathri, District Haridwar, the respondent no.2, and the Investigating Officer to follow the judgment of the Hon’ble Supreme Court, passed in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273, before proceed to arrest the petitioner.

The learned counsel for the State submitted that an instruction has been received from the Investigating Officer to the effect that Parmanand Saini, shown as a co-accused in this matter, had died 40-50 years ago.

In view of the above, this Criminal Writ Petition No.726 of 2022 is disposed of with a direction to the Station House Officer, Police Station Pathri, District Haridwar, the respondent no.2 and the Investigating Officer to follow the guidelines formulated by the Hon’ble Supreme Court in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273.